Why is the American right closing prisons?

In the US the tide on criminal justice reform has started to turn as conservatives recognise the huge inefficiency of the prison system. Could the same happen here?

Characteristically liberal policies that would be dismissed out of hand by right-wing commentators in Britain, such as keeping non-violent offenders out of prison and investing in rehabilitation in the community, are all the rage on the US right right now.

The Republican Governor of Texas has scrapped plans to build three new prisons, saving $2bn. This money has instead been reinvested in treating offenders with mental health and addiction problems. The state has reduced its prison population by 6,000, while keeping crime at historic lows.

The Republican Governor of Georgia has signed legislation that will reduce the number of low-level drug possession offenders in prison and expand the use of drug courts, which help treat addicts and hold offenders to account in the community.

And the Republican Governor of Pennsylvania has signed a law directing low level non-violent offenders into community supervision, which is set to save the state $250m over five years. Similar reforms have been adopted by Arkansas, Kentucky, Michigan, Missouri, New York, North and South Carolina, Oklahoma and South Dakota.

So, why are Republicans across the US pursuing what on the face of it are liberal policies on crime and punishment? The first reason is that many on the anti-state libertarian right look in horror at the amount of money being spent on the prison system. The US prison population has risen at a phenomenal rate, from 338,000 in 1970 to 2.3m today. In 2012, the states spent $54bn on prisons. In state budgets, one out of every $14 went to corrections, which employed one of every eight state workers. As budgets have tightened, other important functions of government have been squeezed to pay for this.

At the same time, many US conservatives have come to recognise that prison is ineffective at rehabilitating offenders. Half of prisoners released are expected to be back in prison within three years. Many Christian conservatives have come to see prison as a particularly poor method of achieving redemption for crimes committed.

So, what can we take from this for our own debate on criminal justice reform? The US debate clearly needs to be understood in context - the US is not Britain. For example, evangelical Christians and low tax libertarians play a much stronger role in the Republican party than they do in the Conservative party in this country. Also, the US prison population and levels of overall expenditure on it dwarf those in Britain.

Nevertheless, the shift in the US debate provides some useful lessons for those of us who wish to see a smarter debate about crime and punishment in this country. It shows that there are good conservative grounds for being sceptical about the use of prisons, some of which are reflected in the work here carried out by the right-leaning Centre for Social Justice, and indeed in some of the reforms introduced by the coalition. This opens the way for an alliance between conservatives and the liberal centre left on criminal justice reform.

It also shows how important it is on the question of crime to use conservative language even when pursuing progressive ends. Majority opinion on crime in Britain is essentially communitarian rather than liberal: people want to see breaches of widely shared social norms properly punished and are unsympathetic when it comes to issues such as conditions in prison.

However, people can also see that it is a colossal waste of public money to send tens of thousands of low level offenders into prison only to see them come out and reoffend. They want to see prisoners work hard in prison, rather than sitting around in their cells all day which is what most do at present. This means an emphasis on productive work and education, which liberal prison reformers have been advocating for years.

For years British politicians have looked across the pond for ideas on how they could be ever more 'tough on crime', which has fed into our escalating prison population. In the US the tide on criminal justice reform has now started to turn. Is it too optimistic to hope that, on this issue, where it leads Britain might follow?

California's Department of Corrections officer looks on as inmates at Chino State Prison exercise in the yard. Photograph: Getty Images.

Rick Muir is director of the Police Foundation

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Commons Confidential: What happened at Tom Watson's birthday party?

Finances, fair and foul – and why Keir Starmer is doing the time warp.

Keir Starmer’s comrades mutter that a London seat is an albatross around the neck of the ambitious shadow Brexit secretary. He has a decent political CV: he was named after Labour’s first MP, Keir Hardie; he has a working-class background; he was the legal champion of the McLibel Two; he had a stint as director of public prosecutions. The knighthood is trickier, which is presumably why he rarely uses the title.

The consensus is that Labour will seek a leader from the north or the Midlands when Islington’s Jeremy Corbyn jumps or is pushed under a bus. Starmer, a highly rated frontbencher, is phlegmatic as he navigates the treacherous Brexit waters. “I keep hoping we wake up and it’s January 2016,” he told a Westminster gathering, “and we can have another run. Don’t we all?” Perhaps not everybody. Labour Remoaners grumble that Corbyn and particularly John McDonnell sound increasingly Brexitastic.

To Tom Watson’s 50th birthday bash at the Rivoli Ballroom in south London, an intact 1950s barrel-vaulted hall generous with the velvet. Ed Balls choreographed the “Gangnam Style” moves, and the Brockley venue hadn’t welcomed so many politicos since Tony Blair’s final Clause IV rally 22 years ago. Corbyn was uninvited, as the boogying deputy leader put the “party” back into the Labour Party. The thirsty guests slurped the free bar, repaying Watson for 30 years of failing to buy a drink.

One of Westminster’s dining rooms was booked for a “Decent Chaps Lunch” by Labour’s Warley warrior, John Spellar. In another room, the Tory peer David Willetts hosted a Christmas reception on behalf of the National Centre for Universities and Business. In mid-January. That’s either very tardy or very, very early.

The Labour Party’s general secretary, Iain McNicol, is a financial maestro, having cleared the £25m debt that the party inherited from the Blair-Brown era. Now I hear that he has squirrelled away a £6m war chest as insurance against Theresa May gambling on an early election. Wisely, the party isn’t relying on Momentum’s fractious footsloggers.

The word in Strangers’ Bar is that the Welsh MP Stephen Kinnock held his own £200-a-head fundraiser in London. Either the financial future of the Aberavon Labour Party is assured, or he fancies a tilt at the top job.

Dry January helped me recall a Labour frontbencher explaining why he never goes into the Commons chamber after a skinful: “I was sitting alongside a colleague clearly refreshed by a liquid lunch. He intervened and made a perfectly sensible point without slurring. Unfortunately, he stood up 20 minutes later and repeated the same point, word for word.”

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era